The International Union of Operating Engineers Local 115 and BC Building Trades union said the company tailored its application and job ads to exclude Canadians and employ Chinese workers for lower wages.

The LMOs must show the company made sufficient efforts to find Canadians to fill the positions. The unions alleged in their court filing the company listed Mandarin as a requirement and falsely intended to use the so-called long-wall mining method.

Zinn found that was not the case, but the unions responded after the ruling that the judge struck from the record two affidavits that helped their case. One was a mining application indicating the company actually intended to use the room-and-pillar mining method, instead of long-wall mining, which the company said Canadian miners are not experienced in.

Union spokesman Lee Loftus said the discovery was made after the initial case was launched.

“Once we secured that information and tried to use it, it was not accepted because of timelines,” Loftus said.

“This is a complete vindication of our company,” said company chair Yan Penggui. “But it has come at a great cost and has raised significant questions in the international investment community.”